Highways Act 1980

120 Exercise of powers of making public path extinguishment and diversion orders. E+W

(1) Where a footpath or bridleway lies partly within and partly outside the area of a council the powers conferred by sections 118 and 119 above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.

(2) The powers of making public path extinguishment orders and public path diversion orders conferred by sections 118 and 119 above are not exercisable by a council—

(a) with respect to any part of a footpath or bridleway which is within their area, without prior consultation with the other council in whose area that part of the footpath or bridleway is situated;

(b) with respect to any part of a footpath or bridleway which is outside their area, without the consent of every council in whose area it is; and

(c) with respect to any part of a footpath or bridleway in a National Park, without prior consultation with the Countryside Commission [F1 (if the National Park is in England) or the Countryside Council for Wales (if the National Park is in Wales)].

(3) Where it appears to the Secretary of State as respects a footpath or bridleway that it is expedient as mentioned in section 118(1) above that the path or way should be stopped up, or where an owner, lessee or occupier of land crossed by a footpath or bridleway satisfies the Secretary of State that a diversion of it is expedient as mentioned in section 119(1) above, then if—

(a) no council having power to do so have made and submitted to him a public path extinguishment order or a public path diversion order, as the case may be, and

(b) the Secretary of State is satisfied that, if such an order were made and submitted to him, he would have power to confirm the order in accordance with the provisions in that behalf of sections 118 and 119 above,

he may himself make the order after consultation with the appropriate authority.

(4) A council proposing to make a public path diversion order such that the authority who will be the highway authority for a part of the path or way after the diversion will be a different body from the authority who before the diversion are the highway authority for it shall, before making the order, notify the first mentioned authority.

(5) Where under subsection (3) above the Secretary of State decides to make a public path diversion order, he may require the owner, lessee or occupier on whose representations he is acting to enter into an agreement with such council as he may specify for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119(5) above.

Textual Amendments

F1 Words inserted (5.11.1990) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 130(1), 164(3), Sch. 8 para. 5(3)

Modifications etc. (not altering text)

C1 S. 120 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 47(1)